Since most conditions require timely treatment to ensure a promising prognosis, a diagnostic error can have devastating consequences. Whether the treating physician will be liable for any resulting damages, however, depends on the circumstances.

Typically, patients will have grounds for a medical malpractice claim following a delayed diagnosis if negligence on the part of their medical team was directly responsible for the error. In other words, the doctor must have breached the duty of care owed to the patient.

Patients must also be able to prove that they incurred damages as a direct result of the error. This might include additional medical expenses, lost wages, or pain and suffering.

Let’s take a closer look at the two essential elements for building a strong medical malpractice claim following a delayed diagnosis.

1. Negligence

If a physician conducts the most widely accepted screenings, tests, and procedures—given the symptoms the patient—but a delayed diagnosis still occurs, it’s unlikely that he or she would be considered liable for the resulting damages. Patients who fall victim to diagnostic errors will only have grounds for a claim if another physician with the same specialization would have acted differently under the same circumstances, leading to a different outcome.

Common examples of negligence that could lead to a delayed diagnosis include:

Failing to recognize obvious symptoms

Failing to make obvious connections between the patient’s symptoms and various health conditions

Failing to take sufficient diagnostic images

Misinterpreting diagnostic images

Failing to administer additional tests if the results are ambiguous in any way

2. Damages

In some scenarios, delayed diagnoses do not actually result in damages. For example, if a doctor realizes an error might have occurred when examining a patient and then reexamines the patient immediately, this might prevent any delays in treatment.

To file a successful medical malpractice claim, you must be able to prove that you suffered damages as a direct result of the doctor’s negligence. This is where a seasoned personal injury lawyer may be able to help. An experienced attorney can investigate your case to determine the types of damages you may have incurred and help you gather evidence to tie those damages to the delayed diagnosis.

Discuss your case with a medical malpractice attorney in Lafayette.

If you received a delayed diagnosis and suffered damages as a result, you may have grounds for a medical malpractice claim against your provider. To determine the most strategic way to proceed, contact Ball Eggleston.